We’ve got a panel of experts here at Divorce Discourse. They are some of the best in the family law business, and they’re willing to share their expertise with us.

The latest query we’ve submitted to the experts is as follows:

You have a loyal, hard-working employee (attorney or staff) who just can’t succeed in the assigned role. This person can’t do it, no matter how hard he or she tries and no matter how hard you try to help. The employee has a good attitude, fits in with the team, and does everything he or she can to get the job done. The employee is willing to go above and beyond the call of duty, but the results just aren’t up to your standards.

Here’s what our panel had to say:

Uber Atlanta family law attorney, and ABA Family Law Section Chair-Elect, Randy Kessler says, “Tough one. I explore every avenue for them. Maybe a certain type of case is for them. If not, they get as much notice as we can give (at least a month) and a great recommendation if they want it. Hate to lose a good person. But if a year passes and I still feel that way, then we need to separate.”

Ben Stevens, The Mac Lawyer of Greenville, South Carolina, says, “I think that a two-step analysis is required in this situation: (1) Is there anything else that can be done by you, the firm, or a third party to properly train this person to enable him/her to succeed in the current position? and (2) Is there any other position within the firm that this person could fill?

Being a good manager sometimes means taking a long, hard look at the reason for the employee’s problem and considering all of the possible answers. It is difficult to find loyal, hard-working employees, particularly those who fit in well with the team and go above and beyond the call of duty. Once you find someone with those qualities, you should exhaust all options before terminating him/her from the firm.”

Anita Ventrelli, former ABA Family Law Section Chair and Chicago attorney, says, “The sooner you let them know that they are not meeting expectations, the better. If you have truly done all that can be done to both make the expectations clear and to test the individual’s capacity to meet the expectations, then letting them go with the opportunity to resign on their own rather than being terminated is the best thing for all involved. This also sends a message to everyone in the office that expectations must be met to stay employed at your firm.”

Amy Sallady of Knight and Sallady in Columbia, Missouri says, “If I can’t delegate the assigned role to someone else and me doing the assigned role is not feasible, I would let the employee go. However, before doing that, I would want to make sure that with today’s technology (voice-activated dictation, outsourcing receptionist duties and filing, and my organizational skills) that there would be no productive way to keep the employee. Finding loyalty, dependability, and a team player is difficult with today’s younger generation.”

Jason Brown, author of the Minnesota Divorce and Family Law Blog, says, “Loyal, hard workers who fit in with the group can be difficult to find. I wouldn’t give up too quickly. My initial reaction? Redefine their role in the firm. In the meantime, I would also explore educational opportunities for them at the firm’s expense.”

Finally, Maryland practitioner Dawn Bowie says, “Figure out what THEIR objectives are in the practice of law. If, and only if, their objectives are consistent with those of the firm, AND that role is one that could benefit the firm, and the firm can afford to put them there, then reassign them. However, ifs and ands are like wishes and beggars: the two don’t always coincide and you can’t put a square peg in a round hole, even when you can afford it. Sometimes it’s a question of ability. If the person can’t do the job, he or she can’t do the job. I’ve had young lawyers working with me who simply did not have the capability to do the job. Generally, I start people out on a contract basis to try to get their measure. When they don’t measure up, I just don’t have any more work for them to do. I’ve also had very capable people who don’t seem to realize that the practice of law is hard, hard work, no matter how bright and/or capable one is. I’d take the former type any day.

The other thing to keep in mind is that it’s really hard work to train a lawyer. Our firm has a core philosophy that practicing law is learning. We want to balance profit with a model of employment based on learning by doing. I have two equally important goals of succession planning as managing partner. First, to leave in a few years and be able to live in reasonable comfort while practicing a slower version of what I do now (improved quality of life in a place I love doing what I love to do is far more important to me than not working and vegetating somewhere). Second, to be able to walk away from this practice in ten years or so and leave some of my knowledge, skill, experience, and philosophy to the next generation of young lawyers.”